Child Custody- Can an Unmarried Mother Contest For it?

Marriage is an ultimate destination. Well! That was a thing of the past. We are not saying this, but the statistics are projecting this image. Precisely why the number of unmarried parents is increasing across America. In fact, as per the Pew Research Center, more than 30% of children have unmarried parents.

But what about the time when you are in disagreement and wish to separate? Obviously, if there is no mutual consensus, you would have to fight for custody. Right?

Although every state has its set of rules and regulations, you might have to face some challenges when it comes to child custody and support when it comes to Texas. The following article will give you some idea of what you’ll face if you decide on calling a lawyer for contesting child custody.

If Parents Are Unmarried, What Next?

In the state of Texas, legally, the mother gets physical custody of the child in case the parents are married. Don’t worry! Nothing will change even if the birth certificate contains the name of the father.

But do you have any idea what these legal terms mean?

When they say about legal custody, it implies that the legal guardian will take most of the decisions concerning healthcare, education, and related matters. Further, physical custody means the child will live with the parent who is granted custody.

Note: Parents can share both types of custody.


Did you know in Texas Child Custody is Often Referred to as Conservatorship?

Yes! You heard it tight. Don’t worry. Both mean the same thing. In fact, if you are looking for Texas lawyers or a lawyer in your particular city, such as Houston, Austin, or Dallas child support lawyers, they will often use these terms interchangeably. So, don’t be surprised.

So, whenever the court decides on the “Primary Conservator,” he/she will consider the following factors to make the final decision. For instance, the relationship between the child and his/her parents, the needs of the child (emotional, developmental, health, economic), present situation or living standards of the parent, abusive history, and the child’s personal preferences (depending on the age of the child).

However, one can contest against the decision in case there is a significant change in the circumstances.

Hang on!!

What About Child Support?

There is no difference in the calculation of the child even if the parents are unmarried. However, if someone provides child support and has a child from another relationship, the final amount might decrease.

Wrapping up

Although the child custody rights are no different whether you are a resident of Texas or California, the mothers receive the parental rights in the case of unmarried parents. However, things might be different if there are some issues and the father contests for custody.

Hence, it’s a good call to talk to a family law expert regarding all the aspects to avoid any hassles later on. That’s how you can move on to the more productive things for making your child’s life better.






Award-winning writer, blogger, social media consultant and charity campaigner. Social Media Manager for BritMums, the UK's largest parent blogging network Freelance clients include Firefly Communications and Save the Children UK. Works with brands on marketing projects. Examples include Visit Orlando, Give As You Live, Coca-Cola and Kodak. Cambridge Law graduate with many years experience working across three sectors in advice, media relations, events, training and project management. Available for hire at affordable rates.

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